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STATE v. CUMMINGS

No. 4209-0-III.

31 Wn. App. 427 (1982)

642 P.2d 415

THE STATE OF WASHINGTON, Respondent, v. DONALD E. CUMMINGS, Appellant.

The Court of Appeals of Washington, Division Three.

March 18, 1982.

Attorney(s) appearing for the Case

William D. McCool, for appellant.

Arthur R. Eggers, Prosecuting Attorney, and Donald W. Schacht, Deputy, for respondent.

ROE, A.C.J.

Donald E. Cummings appeals from a conviction of second degree assault.

The principal issue is whether the trial court erred in denying Mr. Cummings' motion for a new trial because of alleged juror misconduct.

After the jury returned its verdict, Mr. Cummings' wife submitted an affidavit which stated, inter alia,1 that during a recess on the first day of trial she saw a spectator talking with juror A and...

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